United States Court of Appeals for the Tenth Circuit

SCOTT WILLIAM WYBAN v. MOSES STANCIL, Director, CDOC; BARRY GOODRICH, Warden; THE ATTORNEY GENERAL OF THE STATE OF COLORADO

The Tenth Circuit denied Scott William Wyban a certificate of appealability, ruling that his ineffective assistance of counsel claims lacked substantial grounds for relief. The court affirmed the district court's denial of his habeas petition, finding that trial counsel's strategic decisions were within the wide range of professionally competent assistance.

EMIT BALL v. WALMART INC

The Tenth Circuit affirmed the dismissal of Emit Ball's employment discrimination claims because he failed to file required administrative charges within the statutory deadlines. The court rejected arguments for equitable tolling and the continuing violation doctrine, holding that the employment relationship's end precluded such exceptions.

Gary Weidner, III v. Jane Doe and Kristin Ames

The Tenth Circuit affirmed a district court's award of attorney's fees to a defendant under a Colorado statute, rejecting the plaintiff's arguments that the claims were primarily federal civil rights cases. The court held that while federal law preempts fee awards for § 1983 claims, the statute applies to the separate state-law tort claims dismissed in the case.

Ulusemre v. Dombrosky

The Tenth Circuit affirmed the denial of a preliminary injunction on the alternate ground that the motion was moot. Because the school district modified the access ban to match the relief sought, there was no longer a live controversy to resolve.

UNITED STATES OF AMERICA v. BRYANT EDWIN SEWALL

In re DANIELLE L. NERI

UNITED STATES OF AMERICA v. JOHN MIGUEL SWAN

The Tenth Circuit affirmed John Miguel Swan's conviction and 120-month sentence for possessing ammunition as a convicted felon. The court held that Swan's Second Amendment challenge was barred by the law-of-the-case doctrine and that the district court did not abuse its discretion in imposing an upward variance based on his history of domestic violence.

Emrit v. Snoop Doggy Dogg

The Tenth Circuit affirmed the district court's order denying the plaintiff leave to proceed in forma pauperis. The court held that the appellant failed to meet his burden because his brief addressed the merits of the underlying case rather than explaining why the district court erred.

MANETIRONY CLERVRAIN v. SARA M. REVELL

The Tenth Circuit dismissed this appeal because the notice of appeal was filed nearly two years after the district court's final order, violating the mandatory jurisdictional deadline. The court held that timely filing is a jurisdictional requirement that cannot be waived by pro se status.

UNITED STATES OF AMERICA v. JESUS CORONADO

The Tenth Circuit affirmed the denial of a motion to suppress evidence, holding that a lessee's general consent to search a unit for a suspect extended to the unit's roof. The court found officers lawfully seized a firearm from the roof under the plain-view doctrine because the search remained within the scope of that consent.